Medical Doctor, Group Approaches Federal High Court, Challenges The Legality Of Ebonyi State Cybercrime Law



A Medical Doctor, based in Ebonyi State, by the name, Lazarus Ude Eze has approached the Federal High Court, Abuja, to challenge the power of the Ebonyi State House of Assembly to legislate on the State’s Cyber Crimes (Prohibition) Law, 2021.


The action marked as Suit No: FHC/ABJ/CS-2022, was instituted by the Medical Doctor and the Incorporated Trustee of Patriotic Youth Organization.


According to the argument put forth by the plaintiff, the existing Cybercrime Act, 2015 enacted by the National Assembly has already covered the field on cybercrime prohibition.


Below are some of the the reliefs sought:


"An order and perpetual injunction restraining the Ebonyi State government, its agencies from arresting, threatening to arrest or detain, arraigning, remanding, prosecuting, and declaring wanted, any of the Plaintiffs or any other indigene of Ebonyi State, on the basis of Cyber Crimes (Prohibition) Law 2021.


“By the combined provisions of sections 4(1,2,3,5,6&7), items 46, 66,and 68 of the Second Schedule Part 1, of the Constitution of the FRN Nigeria 1999, as amended, Sections 1(a & c), and 2 of the Cybercrimes (Prohibition, Prevention, Etc) Act, the Ebonyi State House of Assembly, has no Legislative competence, and constitutional powers whatsoever, to legislate or make any law, creating Ebonyi State Cyber Crimes (Prohibition) Law, 2021.


“A Declaration that the entire, Cybercrimes (Prohibition) Law 2021, enacted by the Ebonyi State House of Assembly, is inconsistent with the provisions of the Cybercrimes (Prohibition, Prevention, Etc) Act, enacted by the National Assembly of the Federal Republic of Nigeria, and the provisions of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and is, therefore, invalid, illegal, unlawful, unconstitutional, void and of no effect whatsoever.


“A Declaration that the Cybercrimes (Prohibition, Prevention, Etc) Act, enacted by the National Assembly of the Federal Republic of Nigeria, covers the entire legislative field, as it relates to cybercrimes and other related offences in Nigeria, pursuant to section 2, of the Cybercrimes (Prohibition, Prevention, Etc) Act, and items 6, 46, 66,67 and 68 of the Second Schedule Part 1, of the Constitution of the Federal Republic of Nigeria 1999, as amended


"An order nullifying invalidating, quashing and setting aside wholly, all steps taken, decisions, resolutions, publications of the names of any of the Plaintiffs, or the names of indigenes of Ebonyi State, on the state government’s watch list, and prosecution, conviction, sentencing and incarceration of any of the Plaintiffs, or any of the indigenes of Ebonyi State, pursuant to the Cyber Crimes (Prohibition) Law 2021, enacted into law by the Ebonyi State Government.

1 Comments

  1. I pray the court finds the reliefs in this suit meritorious. That law is draconian and should not be allowed to see the light of the day.

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